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Chitty on Contracts is the pre-eminent reference work on contract law in the common law world. It has been used for generations by lawyers as the leading guide to contracts, and is relied on to provide insight and aid in complex areas of the law.

The work is in two volumes:

Volume One covers the General Principles of contract law, while Volume Two offers guidance on Specific Contracts, namely contractual issues in specific industry sectors. (Volume One of the work is available as a standalone for those who need coverage of the general principles of contract law only).

KEY FEATURES:

Provides coverage of all relevant legislation and a huge depth of case reference;

Presents complete coverage of the law of contract, incorporating extensive reference to relevant legislation and recent case law

Contains interpretation and analysis of general legislation since the last edition,

Provides an in-depth examination of actions arising in contract law, including exclusion clauses, estoppel, illegality and public policy, mistake, misrepresentation and non-disclosure, breach of performance

Covers the formation of contract as it effects the Agreement; Consideration, Form, Mistake; Misrepresentation and Duress and Undue Influence;

Treats in detail the Capacity of parties

Analyses and comments on the terms of the contract relating to Express and Implied Terms; Exemption Clauses; Unfair Terms in Consumer Contracts; and Arbitration Clauses;

Examines Illegality and Public Policy

Under Joint obligations covers in detail the law of contract relating to Third Parties, Assignment;, Death and Bankruptcy

Examines and analyses contract law in relation to performance and discharge, covering Discharge by Agreement; by Frustration; by Breach;

Studies remedies for breach of contract, including damages and limitations

Discusses Restitution in relation to contract law

Analyses conflict of laws as if affects contract law

Deals individually with contracts in the following areas of law: agency, arbitration, bailment, bills of exchange and banking, building contracts, carriage by air, carriage by land, construction, credit and security, employment, gaming and wagering, insurance, restrictive agreements and covenants, sale of goods and suretyship

Offers interpretation and advice on the law when disputes arise, or when technical areas need clarification, and when responsibilities, obligations and entitlements need to be established

Consumer law: Package Travel and Linked Travel Arrangements Regulations 2018 (draft); ParkingEye Ltd v Beavis (SC); Court of Justice cases on acting as a consumer; mixed purposes contracts; guarantees of loan by consumer to commercial company; traders as intermediaries for non-traders; when a court must raise EU consumer legislation on its own motion; commercial practices, including misleading actions and misleading omissions; the exemption for the “main subject matter of the contract”; fairness under the 1993 Directive and choice of law clauses; collective actions and stays of proceedings.

This book provides a detailed account of the law relating to the formation and variation of contracts. This includes pre-contractual negotiations, offer & acceptance, formalities, consideration and promissory estoppel.

In this second edition, Professor John Cartwright considers all the major developments in case law in these areas, including the recent decision of the Supreme Court in MWB Business Exchange Centres Ltd v Rock Advertising Ltd (2018) on the enforceability of ‘no oral modification’ clauses.

Key features:

Draws together in single volume key issues relating to the formation and variation of contracts, focusing on the rules for their existence and validity

Brings together topics which are of fundamental importance to practitioners advising on the negotiation or validity of contracts, but on which there is no up-to-date specialist work

Traces the continuing development of the rules, as a response to changes within the English law of contract and to learn from developments being made in other legal systems

Highlights areas of contract law where there is likely to be significant argument about possible development in the coming years

Provides a perspective on the rules for the formation of contracts from an international and comparative dimension

Includes discussion throughout the book of difficult issues relating to contract formation as they arise in practice

Part I is devoted to pre-contractual negotiations (including remedies where negotiations fail to reach agreement) and finding the agreement through offer and acceptance

Part II is devoted to formalities, both in general and in contract in particular, including contracts for the sale of land, consumer contracts, contracts of guarantee and deeds

Part III is devoted to the requirement of consideration (which gives contract its character as a ‘bargain’ in the common law), both in the formation of a contract, and in the variation of an existing contract

Part IV is devoted to promissory estoppel, both its traditional role in the modification of a contract and its potential to develop in English law (noting how other common law jurisdictions such as the US and Australia have developed it)

MacGillivray on Insurance Law is the established authority on non-maritime commercial insurance and risk. For over one hundred years it has been a trusted text for providing comprehensive and clear guidance through its examination of the most recent cases and legislative developments. Covering general principles, particular classes of business and the parties involved, it is a must-have title for anyone seeking advice on insurance law.

A classic construction law text Keating on Construction Contracts is a first port of call for all research on the history and principles governing building contracts, their practical application and their interpretation by the courts. Renowned for its accessible style and reliable authority the title covers all relevant legislation and case law, EC law, and the FIDIC, NEC3, JCT Forms of Contracts and ICE Conditions of Contract.

Featuring:

Offers solicitors, barristers and construction professionals detailed and authoritative commentary on all issues relating to construction contracts, from an examination of Employer's Approval and Architect's Certificates to a recently added chapter on Delay and Disruption

Discusses in detail the standard form agreements upon which Building and Construction activity turns including commentary on Infrastructure Conditions of Contract, NEC3, FIDIC and JCT contracts

Goes through the workflow of a construction contract, its formation and composition

Examines the contractor’s right to payment and the recovery of payment for varied work

Deals with employer’s approval of the contracted work and the formal requirements of an architect’s certificate

Goes through such issues as excuses for non-performance, negligence and economic loss, and delay and disruption claims

Covers financial recovery and causation and liquidated damages and penalties

Addresses various equitable doctrines and remedies

Considers assignments, substituted contracts and sub-contracts

Reproduces relevant statutes including the 1996 Act as amended by 2009 Act, and the Scheme for Construction Contracts for easy access and navigation

Includes expanded coverage on procurement and the effect, and the Jackson reforms regarding proportionate costs and case management

Provides up-to-date references to and guidance on key primary case law and decisions from the UK, Europe and overseas, for example, the Court of Appeal decision in P.C. Harrington v Systech; the Court of Appeal decision in Lanes Group plc v Galliford Try Infrastructure Ltd

Joint edited in three previous editions by Stephen Furst QC (Deputy Judge of the Technology and Construction Court and Recorder and member of Keating Chambers, acting for clients in the field of construction in all UK courts and forms of arbitration) and Sir Vivian Ramsey (former civil engineer and Head of Chambers, prior to joining the Bench, and serving in the Technology & Construction Court).

Contributed to by a stellar supporting team of experts from Keating Chambers who have been voted Construction Set of the Year in 2006, 2007, 2008, 2009, 2011, 2012, 2013 and 2014.

Now in its 13th edition, Documentary Evidence is a comprehensive guide to the legal obligations of disclosure. Logically presented and lucidly written, it provides detailed analysis and sensible practical advice. Following a chronological structure, it shows when and how a practitioner should take action in relation to the obligation to disclose. It is a standard work that is often cited in court judgments.

Under the Civil Procedure Rules the parties to an action are encouraged to adopt a “cards-on-the-table” approach toward the exchange of information, not just once litigation has commenced but before as well. It is likely in the early stages that a few documents will be identified as being relevant or key to the matter at hand. These will be used to provide advice as to the merit or not of proceeding with the dispute. If the decision is taken to proceed, the law imposes a requirement to make full and proper disclosure, which is the process whereby the parties to an action disclose to each other all documents in their possession, custody or power relating to matters in question in the action. This title deals with the nature and scope of the obligation to disclose.

Documentary Evidence:

Provides a comprehensive guide to the principles, obligations and protections of disclosure, legal professional privilege and other aspects of evidence in the form of documents

Authored by a renowned QC, provides detailed analysis, practical advice and robust views often derived from cases in which he has been personally involved

Discusses in depth the key principles and problem areas of disclosure, and how to raise, or combat, the available defences against it

Is logically structured by following in chronological order the steps taken in conducting a case, showing the practitioner when and how to take action at each stage

Advises on how to obtain, assess and manage the documents needed and how to identify the key issues

Discusses how practices have changed consequent to the fact that most disclosure is now electronic disclosure and the challenges and opportunities presented by this

Analyses the extent of the powers of regulatory or public bodies to obtain or disclose documents

Limitation Periods by Professor Andrew McGee is a well-established and definitive text now in its eighth edition. Professor McGee steers practitioners through the complexities of the law of limitations, giving detailed guidance in all areas of law from preliminary issues to proceedings. The book is designed to help bring an action in good time and remedy delays which may lead to striking out. The book covers European and international limitation issues.

Since the 7th edition in 2014 the law has continued to develop in a number of important areas. Coverage in the new edition includes:

Procedural matters

Grant v Hayes & Butters on the definition of 'cause of action'.

Regional Court in Poznan (Poland) v Czubala on the time limits for giving of notices of appeal by public bodies against discharges from extradition proceedings under Pt 1 of the Extradition Act 2003.

Accrual of Cause of Action

Maharaj v Johnson and Escott v Tunbridge Wells BC on continuing torts and the date from which time runs.

Jacobs v Sesame Ltd on the question of the starting date in claims for investment misselling.

Discretionary Extension of Time

Collins v Secretary of State for Business Innovation and Skills on the question of the proper approach to discretionary extension of time under s.33.

Categorisation

The Small Business Enterprise and Employment Act 2015 s.108 increases the limitation period for a directors' disqualification application from two years to three.

Medical Negligence provides a comprehensive and authoritative analysis of the potential legal liabilities of healthcare professionals and hospitals arising out of the provision of healthcare. The principal focus is on the law of negligence as it applies in the medical context, but the book also includes extensive coverage of consent to medical treatment, defective products, confidentiality, the liability of hospitals, defences and limitation, the principles applied to the assessment damages, and procedural issues.

This essential title is recognised as an authority in the area of medical negligence and provides insight into developing areas of the law:

Positioned within contract law, this work deals with the assignment of things in action – debts, contractual rights, etc. It deals only with voluntary assignment and not compulsory assignment as with bankruptcy or liquidation.

This book is intended for the practitioner who has a problem, issue or case involving the voluntary assignment of things in action, either in giving advice or preparing litigation. Following the approach of titles such as Chitty on Contracts, this work enables the practitioner to find a statement of the law and then (if necessary) the authority that supports it.

New for this edition:

A consideration of the potential effects of Brexit and the Small Business, Enterprise and Employment Act 2015

Incorporation of new statutory and case law since the last edition

Added references to UK-based text (Snell’s Equity) for the benefit of practitioners of English law

Other features:

Provides a thorough statement of the law of voluntary assignment including, for each issue or topic, the authority that supports it

Goes through the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action; detailing the requirements for assignment; and looking at the relationship of assignment and other transactions

Examines the law of assignments under section 136 of the Law of Property Act 1925, explaining its effect and requirements, and including the assignment of an equitable chose under section 136

Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose

Deals with restrictions on assignment, covering contractual terms forbidding assignment, prohibition by statute or public policy, and personal contracts and covenants

De Smith has established itself as the leading work on the principles, practice and remedies of judicial review in England and Wales. De Smith takes the practitioner through the history, principles and practice of judicial review. The new edition reflects the continuing importance and complexity of judicial review, and incorporates recent fundamental developments in the area.

This new edition reflects the continuing importance and complexity of judicial review, and incorporates recent fundamental developments in the area. It deals with domestic grounds of review, challenges under the Human Rights Act 1998 and the use of European Community law in judicial review. It:

Provides solutions to the most complex legal problems relating to judicial review.

Analyses both the theoretical foundations of the subject and its practice.

Supplies comprehensive guidance on what to do at every stage of an action for judicial review.

Explains the impact of the latest case law and procedural developments.

Sets judicial review in the context of the fast-changing administrative justice system (including “proportionate dispute resolution”, the new tribunal system, recourse to ombudsmen).

Draws on relevant experience from other Commonwealth jurisdictions, especially Australia, Canada, India, New Zealand and South Africa.

Terrell on the Law of Patents is the undisputed authority on the law of patents in the United Kingdom. Providing guidance from application to infringement since 1884 and regularly cited in court, Terrell is the essential reference for anyone seeking practical and clear guidance on patent law, practice and procedure.

Main Features

Includes the most significant case law from all levels of the UK Courts, the European Patent Office and the UK Intellectual Property Office

Clarifies the principles of patent infringement as well as outlining statutory exceptions and other defences

Covers supplementary protection certificates (SPCs), the conditions for granting SPCs and their effects

Outlines the grounds for revocation as defined by the Patents Act 1977

Goes through the different types of invalidity including lack of novelty, obviousness, and insufficiency

This title discusses the legal considerations involved in company liquidation and addresses the various methods of winding-up. It covers the legal considerations to be taken into account in relation to creditors' petitions and miscellaneous other petitions. It explains provisional liquidation, analyzes the role and duties of the liquidator as well as the role of creditors, and addresses the distribution of surplus assets in solvent liquidations. It also provides guidance on investigations and examinations and discusses misconduct and prosecutions.

New to this edition

Reference to and examination of the new rules – Insolvency Rules 2016 – in all aspects of liquidation and associated elements of insolvency law

The chapter on international liquidations is expanded significantly to take account of many developments in the case law in cross-border insolvency, including the decision in Singularis, and the advent of the recast version of the EU Insolvency Regulation

Consideration of the relevant aspects of the Waterfall litigation in Lehman Bros and especially the Supreme Court decision in The Joint Administrators of LB Holdings Intermediate 2 Ltd v the Joint Administrators of Lehman Brothers International (Europe)(2017)

Updating to take account of amendments to the Insolvency Act 1986 brought about by the Small Business, Enterprise and Employment Act 2015.

Examination of the Court of Appeal decisions in County Leasing Asset Management Ltd v Hawkes and Pickering v Davy as far as the restoration of dissolved companies is concerned

Consideration of the Supreme Court decision in Nortel GmbH as far as it affects the disposition of the insolvent estate

Discussion and explanation of the decision-making process provided for by the Insolvency Act and Rules

Developments in the case law as is affects transactional avoidance and wrongful trading

Discussion of changes brought about by the Commercial Rent Arrears Recovery (CRAR) in relation to liquidations

Phipson on Evidence is the leading work on civil and criminal evidence. It examines in detail all aspects of the principles and procedures making up the law of evidence. Coverage includes the admission of evidence, the standard of proof, the attendance of witnesses, good and bad character, legal professional privilege, hearsay, expert evidence, confessions, judicial discretion and many other evidential issues.

Key features:

The leading work and authority on civil and criminal evidence, frequently quoted in court

Written by a prominent team expert authors, with excellent balance between leading practitioners and academics

Fully updates all changes brought in by the Civil Procedure Rules and the Criminal Procedure Rules

Examines in detail all aspects of the complex principles and procedures which make up the law of evidence

Looks at the admission of evidence

Considers the burden and standard of proof

Examines evidence taken or served prior to a trial, the rules of evidence during the course of a trial and the examination of witnesses

Discusses all aspects of good and bad character

Includes analysis of privilege and facts excluded by public policy

Examines hearsay in civil and criminal proceedings

Analyses the use and admission of opinion and expert evidence

Looks at the exclusion and inclusion of extrinsic evidence

Examines the judicial discretion to admit or exclude evidence

Considers a broad range of case law, including that of the Commonwealth

Provides an authoritative and comprehensive guide to the law of defamation. The twelfth edition is substantially revised to cover recent case law (domestic, Commonwealth and Strasbourg) and important legislation including the Defamation Act 2013

Includes expert commentary and analysis of substantive defamation law, including discussion of all significant recent English case law

States the English law of defamation as it stands prior to the coming into force of the Defamation Act 2013

Discusses the Defamation Act 2013 and its impact on English law and practice

Offers detailed coverage of the relevant procedure and guidance on practising in defamation law and other related areas of law

Includes reference to cases from other jurisdictions with commentary on their relevance to English law and procedure, in particular decisions from Australia, New Zealand, Canada and Hong Kong

Discusses the jurisprudence of the European Court of Human Rights and the impact of the Human Rights Act 1998 on defamation law and privacy

Explains the constituents of related causes of action arising from the publication of statements and images, e.g. misuse of private information, breach of confidence, and harassment, and the defences to such claims, and discusses recent case law on these topics

Deals first with substantive law and then with procedure, clearly separated into chapters and sections

Sets out key legislation

Includes summaries of libel awards in the appendix material

The Second Supplement includes full updates on all developments in defamation case law, both substantive and procedural, including analysis of the effect on English law and practice of the Defamation Act 2013, and in particular:

Discussion of the impact of the Court of Appeal’s highly important decision in Lachaux v Independent Print Ltd [2017] EWCA Civ 1334, [2018] EMLR 1 on the construction of s.1 Defamation Act 2013

Comprehensive guidance for practitioners of the effect of the demise of jury trial in defamation, and its impact on preliminary determination of issues, including questions of meaning and serious harm

In misuse of private information, discussion of Weller v Associated Newspapers Ltd [2015] EWCA Civ 1176; [2016] 1 WLR 1541, PJS v Times Newspapers Ltd [2016] UKSC 26; [2016] AC 1081, which considers the concept of public domain and raises important questions about the interests protected by the tort, and Khuja v Times Newspapers Ltd [2017] UKSC 49; [2017] 3 WLR 351, which concerns the balance to be struck between the article 8 rights of those arrested but not charged and the public interests in open justice and free speech, and where there are interesting observations on the overlap between defamation and misuse of private information

Discussion of ambit of Protection from Harassment Act 1997 in media publication cases

All the latest developments in libel and slander, malicious falsehood and privacy from here and overseas are covered in this second supplement to the twelfth edition of this title

Bowstead & Reynolds on Agency is the essential reference source for commercial practitioners. Part of the long-established Common Law Library, this new edition brings together all relevant aspects of law and how they relate to agency agreements, including contract law, administrative law, tort, commercial/company law, the law of property and the conflict of laws.

The 21st edition covers the role of agent and principal and offerings explanation, advice and interpretation that will give you a better understanding of the law.

New for this edition:

Chapter 1: new material on nature of agency; amendment of material on application of agency law to companies with breaking up of material into separate paragraphs accordingly;

Chapter 2: new material on capacity and authority of agent to contract with self on behalf of principal; revision of material on the relevancy of illegality to agency;

Chapter 3: considerable new material, including on the nature of actual authority and the effect of dishonesty in an agent; the power of a principal to continue to act despite appointing an agent;

Chapter 5: some elaboration of points arising with sub-agents.

Chapter 6: recasting of material on agent’s duties to comply with mandate and instructions; effect of illegality as between principal and agent; new material on disclosure and consent in relation to conflicts of interest; new material on circumstances in which an agent holds property on trust for the principal; rewriting of material on compensation for breach of duty; new material on fiduciaries’ positive equitable duties; new material on self-dealing and fair-dealing; new material on duties owed to separate principals;

Chapter 7: new material on uncertainty in agents’ remuneration entitlements; forfeiture of remuneration; commissions on renewal; rights to indemnity; rights of attorney to remuneration;

Chapter 8: new material on apparent authority; imputation of an agent’s knowledge

Chapter 9: new material on agents’ liability for breach of warranty of authority

Chapter 10: new material on power of principal to terminate agent’s authority.

Frequently cited in court, Lewin on Trusts covers the entire law of trusts from general principles to current practice, ensuring you have all the information you need on the effective creation of trusts and the resolution of disputes and other problems that arise.

LEWIN ON TRUSTS:

Covers all aspects of trusts law, from creation of trusts and the role and duties of trustees, to beneficiaries and their interests and administration

Includes in-depth analysis of both general principles and the practical implications of trust law

Provides clear guidance on questions that arise in modern trusts practice

Analyses major decisions and applies them to the principles of the law and the practice and procedure they affect

A fully updated treatment of shams and, following Pitt v Holt, mistake and the re-stated principle in Re Hastings-Bass

An exposition of all recent statutes affecting trusts, including the Perpetuities and Accumulations Act 2009, the Trusts (Capital and Income) Act 2013, the Presumption of Death Act 2013 and the Inheritance and Trustees’ Powers Act 2014

A modern text on bribes and other unauthorised profits, after FHR European Ventures LLP and the Bribery Act 2010

A consideration of the vexed topic of limitation of trust claims in the light of Williams v Central Bank of Nigeria

A comprehensive account of the rules governing jurisdiction and choice of law in trust disputes, including disputes arising out of constructive trusts

A detailed statement of the law of co-ownership by cohabitants, as found in Jones v Kernott and later decisions

The fullest treatment of trusts arising under mutual wills and the Married Women’s Property Act

A discussion of confiscation and the civil recovery of the proceeds of crime as they impinge on trustees

New material on knowing receipt by a company and on the attribution of knowledge to a company in cases of fraud

An extensively revised account of the court’s powers in trust cases and the relevant procedural rules, including the incidence of costs and the new powers of costs management and costs capping

The 1st supplement brings the 19th Edition up-to-date with the most recent case law and legisltion.

SUPPLEMENT COVERAGE:

Fiduciary duties as to the appointment and removal of trustees after the Jersey decision in Re Piedmont Trust

The recent changes to the rules about service out of the jurisdiction in trust cases and the decision in Crociani v Crociani on jurisdiction clauses in trusts

The Interpretation of Contracts offers expert guidance in preparing, advising on and disputing agreements. This work focuses on the core elements of contract law, and the interpretation of contracts in relation to the five core principles of a contract as defined by Lord Hoffman.

COVERAGE:

This book provides explanation and guidance on the key principles that the court uses when interpreting contracts, through the lens of the five core principles identified by Lord Hoffmann in Investors Compensation Scheme Ltd v West Bromwich Building Society

The book goes through each component of a contract, setting out the basic proposition, followed by analysis and the most relevant judicial decisions for practitioners.

Explains how the meaning of a contract can be ascertained.

Identifies the materials available to aid in the interpretation of contracts, analysing each: the contract document, related documents, drafts, previous agreements, pre-contract agreements and negotiations, and contractual terms.

Gives background on the impact of law and precedent on interpretation, including the court’s approaches to standard forms such as conveyancing agreements.

Lays out the golden rule as regards the meaning of words, and its operation in practice through key decisions.

Covers the circumstances in which terms can be implied and fulfilled, including important developments following the Belize Telecom case, and the extent to which entire agreement clauses preclude the implication of terms.

Looks at the rules of construction, including the consideration of a clause in the context of a whole document, the addition of special conditions to a standard form of contract and the relationship of general and special provisions.

Explains the meaning and operation of patent and latent ambiguity and their effects on the contract, as well as uncertainty, mistake and inconsistencies.

This fully revised new edition examines the compliance and redress regime for mis-selling, administration and claims problems with a practical emphasis on complaint handling, It is an easy to use guide to the complaints sourcebook for the smaller IFA. For larger firms and their professional advisers it acts as an effective reference book enabling the reader to rapidly refresh their understanding of the rules and "best practice" procedures.

Shareholders’ Agreements provides practical guidance on the nature and effect of shareholders’ agreements and articles of association. The new seventh edition has been substantially updated to provide more practical guidance on drafting shareholders’ agreements and other related documentation through the use of detailed drafting notes. The title includes precedents, articles of association for private companies limited by shares. It also comes with a CD-Rom to make drafting quick and easy.

Offers in-depth analysis on the key components of shareholders’ agreements and articles of association, enabling you to draft these documents with confidence

Analyses the elements of joint ventures and property joint ventures so you are aware of the possible structures and have the tools you need to draft the relevant documents

Provides information on taxation considerations in relation to this area

Lindley & Banks on Partnership gives you comprehensive, authoritative and practical coverage of the law relating to both general and limited partnerships. This seminal text on partnerships, first published in 1860, gives you detailed commentary on all aspects of the life of a partnership, from its nature and formation to the usual contents of a partnership agreement and common areas of dispute, the liabilities undertaken by partners both internally and externally and, finally, to dissolution, winding up and insolvency. It also explains how partnerships are taxed. The twentieth edition covers all legal changes since the last edition, with reference to UK and Commonwealth authorities where relevant.

New for the 20th Edition:

New and detailed coverage on private fund limited partnerships (PFLPs) as a vehicle for investment following the Legislative Reform (Private Fund Limited Partnerships) Order 2017

Explores partners’ statutory and other rights to information and access to books, the potential impact of the restraint of trade doctrine on the partnership agreement whilst the partnership continues and the interplay of the courts’ jurisdiction over partnerships with its powers under TOLATA 1996.

Includes a revised and extended treatment of the vexed issue of repudiation and partnerships in the light of Goldstein v. Bishop and related decisions.

Lightman & Moss on The Law of Administrators and Receivers of Companies is known as the authority on the law relating to administrators and receivers. It is considered a must have for any practitioner dealing with corporate insolvency matters.

This new edition offers clear guidance on the procedures involved in the duties, liabilities and appointments of receivers and administrators. As well as discussing the issues surrounding trading, disposals, reorganisation, liquidation and receivership.

To ensure you have all the information you need in one reliable source, this edition offers a complete guide to every aspect on this complex area of law.

New to the 6th Edition:

Relevant case law has been considered, reflected and worked into each chapter to demonstrate how the law affects each sector

This is the last published edition pre the Woolf Reforms which created the modern Civil Procedure Rules we know today, still used by many jurisdictions whose own civil procedure rules are based on England and Wales’s as they stood for many years prior to 2000.

This 3 volume reprint will contain:

Volume 1: Complete and up to date (in 1999) Rules of the Supreme Court and County Court Rules with annotated commentary on the rules with case law.

The original Editorial Team of this included: The Right Hon. Sir Richard Scott V-C, Head of Civil Justice, the Senior Master and Queen’s Remembrancer, Chief Chancery Master, Chief Taxing Master, Registrar of Civil Appeals, District Judges, Queen’s Bench and Chancery Masters and other Officers of the Court.

Exclusion Clauses and Unfair Contract Terms examines, in a straightforward and practical manner, this integral area of contract law and provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, this esteemed work offers key commentary on the means and method of successfully challenging an exclusion clause when seeking to disentangle a client from an agreement which may have proved onerous post agreement coming into force, and for which they are seeking a remedy. The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts, considering the ways in which exclusion clauses are controlled by the judiciary and regulated by legislation.

The authors look at all aspects of the subject, examining unlawful, void and ineffective exclusion clauses, then as a result of this, explaining in a straightforward and practical manner how to draft exclusion clauses that are lawful, valid and effective. Written with a practical focus, the work includes sample exclusion clauses, illustrating the points made and providing templates for you to use in your everyday work.

NEW TO THIS EDITION:

• Fresh consideration of just when and how terms are incorporated into a contract (Barrier Ltd v Redhall Marine Ltd; Transformers v Needs; Goodlife v Hall Fire)
• Developments in the interpretation of exclusion and limitation clauses (Import Funding Solutions Ltd v AIG Europe; Persimmon v Taylor Wimpey; University of Wales v LCB)
• Development of the doctrine of allocation of risks when it comes to interpreting exclusion clauses (Transocean Drilling UK Ltd v Providence Resources plc; the Persimmon case)
• Just what counts as an onerous clause and how to ensure it is made part of the contract (Noreside v Irish Asphalt; the Goodlife case)
• Changes to what exclusion and limitation clauses are automatically void

Shackleton on the Law and Practice of Meetings is a leading resource on the law and practice of both company and local authority meetings, providing a complete statement of the law with detailed practical guidance.

Key features:

Discusses the legal implications of public and private meetings

Addresses the practical issues to be aware of when organising and managing meetings

Deals with specific forms of meeting such as board, committee, shareholder and local
authority meetings

Explains different types of resolution and how these are passed in the context
of meetings

Directs the reader to the appropriate statutory requirements under the Companies
Act 2006 and other relevant legislation

Covers meetings by charities

Provides ‘worked’ practice examples and check lists for company meetings

Looks at the powers, duties and roles of directors in the context of meetings

Explains how to maintain good order and ensure fairness at meetings

Covers the new decision procedures in insolvency proceedings under the Insolvency (England & Wales) Rules 2016

Incorporates major changes to primary and secondary legislation: Enterprise and Regulatory Reform Act 2013; Deregulation Act 2015; Small Business, Enterprise and Employment Act 2015; Insolvency Rules (England and Wales) 2016, plus Practice Directions issued in 2014.
Includes commentary on the EU Insolvency Regulation, both in the original (2000) and recast (2015) versions.

Significant changes to insolvency procedures, including the replacement of debtors’ bankruptcy petitions to the court by online applications to an adjudicator; the abolition in virtually all cases of physical meetings of creditors, and also of company members, during the course of insolvency proceedings; various alternative procedures for an office holder to obtain creditors’ and members’ consent, including by the deemed consent procedure; removal of the requirement for liquidators to obtain sanction for the exercise of certain powers; extension of liability for wrongful or fraudulent trading to cases of company administration.

More than 300 new cases included in the new edition, including judgments by the Supreme Court in Jetivia v. Bilta (extraterritorial application of ss.213 and 238 of the Insolvency Act 1986); Olympic Airlines SA (jurisdiction under art.3(2) of the EU Insolvency Regulation); Eurosail (test for balance sheet insolvency); Belmont Park Investments (the anti-deprivation rule); Paycheck Services (meaning of “de facto director”); the Nortel and Lehman Companies Pensions Cases (“provable debts” in administration); Rubin v. Eurofinance (limits to common law assistance for foreign insolvency proceedings).

Judgments by the Privy Council in cases relating to cross-border insolvency, including Saad Investments; Singularis Holdings; and Stichting Shell Pensioenfonds v.Krys.

Contractual Duties: Performance, Breach, Termination and Remedies provides guidance from four leading contract academics on the duties at play in a contract that is in dispute: its performance, breach, termination and the remedies available.

Main features:

Part 1 covers rescission: firstly its principles and process are explained.

Explains each of the possible grounds for rescission, including misrepresentation, mistake and non-disclosure; duress, undue pressure and influence; impaired capacity, unconscionable conduct and breaches of fiduciary duty.

Details the bars to rescission, explaining what damages might be due in lieu of rescission.

Outlines the consequences of rescission, including compensation, apportionment of loss and concurrent claims.

Part 2 introduces the different types of breach and the terminology that governs them, and explains strict and non-strict obligations.

It sets out and analyses concepts such as renunciation, anticipatory breach, and repudiation by actual breach.

Discusses the common law right to terminate for breach of condition, particularly with regard to time stipulations.

Explains innominate or intermediate terms, deriving from the Hongkong Fir case, and its reception in Australia and New Zealand.

Analyses the nature and process of termination for breach, including international principles, and explains the ‘entire obligation’ rule.

Part 3 deals with discharge by impossibility, illegality or frustration.

Part 4 discusses remedies available, beginning with the right to sue for a debt and the limits to such an action.

Covers damages for breach of contract, laying out the measures of award.

Explains financial loss, covering the various ways of expressing the loss, via concepts such as expectation, reliance, consequential damage, ‘cost of cure’ and balance sheet calculation, and questions of timing.

Analyses the two limbs of the Hadley v Baxendale principle and their consequences.

Covers other types of damages including agreed damage and gain-based awards.

Discusses specific relief, focusing on the grant of specific performance and injunctions.

Focuses on English contract law, but also shows how other jurisdictions have different approaches, and suggesting new ideas drawn from the US, Australia and civil law systems.

New to the 2nd edition:

Substantial case law updates across all four key areas of the book since the first edition was written in 2011

Includes analysis of the effect of recent legislation on contractual duties, i.e. the Consumer Rights Act 2014

This 18th edition of Chalmers & Guest provides an annotated guide to the Bills of Exchange Act 1882 and the Cheques Act 1957, and offers legal practitioners comprehensive guidance to the to the law and practice relating to bills of exchange, cheques and promissory notes.

The 18th Edition

Offers comprehensive guidance to the to the law and practice relating to bills of exchange, cheques and promissory notes

Sets out the relevant legislation, principally the Bills of Exchange Act 1882, section-by-section to explain in detail what the legislation says and to provide opinion and guidance on how to comply with its terms

Offers frequent illustrations to describe common situations where a legal problem might arise, i.e. the book presents the reader with a scenario and works through the legal consequences

Deals with the legal capacity to enter into a contract

Explains how consideration is required, and how the rules around consideration vary from the normal rules of contract law

Covers the ability to transfer a bill from one person to another

Goes through the general duties of the holder, such as what a holder must do to fix maturity of the instrument

Sets out the liabilities of Parties and answers questions about who has to pay and who can be sued

Deals with the effect of discharge and the circumstances where payment is not sufficient to discharge the bill

Considers acceptance and payment for honour, addressing the circumstances where the bill isn’t accepted or where the acceptor becomes insolvent

Examines what happens when a bill is lost or destroyed

Addresses the law where bills are split into parts

Explains the applicable rules where the parties to a bill come from different countries

Describer what a cheque is and the main exceptions where the Act does not apply to cheques

Deals with crossed cheques

Looks at the law relating to Promissory Notes rather than orders

Goes through a variety of general rules, e.g. good faith, computation of time, signature/company seals, bankruptcy

Looks at the protection of bankers paying unindorsed or irregularly indorsed cheques, the rights of bankers collecting cheques not indorsed by holders, and unindorsed cheques as evidence of payment

Covers conflict of laws

Offers frequent illustrations to describe common situations where a legal problem might arise by presenting a scenario and working through the legal consequences

Refers to case law throughout to support statements and guidance

Reflects changes introduced by Small Business, Enterprise and Employment Act 2015 on bills of exchange and cheques- specifically related to electronic payment of bill

Reflects provisions specific to Northern Ireland

Presents a selection of precedent material for use in communications and court proceedings

Salinger on Factoring is renowned for its highly practical approach to the law and practice relating to factoring and invoice finance.It combines a clear understanding of the law with clear and concise guidance on its implementation. Providing you with a detailed examination of and guide to the legal issues that arise from domestic and international factoring, this title will quickly become your most trusted guide to this complex area of law.

A comprehensive guide to the law and practice relating to factoring and invoice finance

Discusses the various forms, uses, and methods by which factoring can help businesses

Looks at the origins and nature of modern factoring

Examines the use and misuse of factoring, the limitations on its use and its benefits

Looks at the relationship between the factor and debtors including normal collection procedures and legal remedies where collection procedures fail

Examines international factoring and discusses the special considerations relevant for international factors

Looks at the legal structure of factoring, the provisions of factoring agreements and the types of agreement commonly used

Considers conflicts with third parties

Examines set-off and the countervailing rights of the debtor

Considers the rights and obligations of the factor on the occurrence of the insolvency of the client

Looks at the use of credit insurance and its potential affect on the terms ofthe factoring agreement and the policy of insurance

Drafting Trusts and Will Trusts is the all-encompassing text. How? Its comprehensive style aids practitioners in the preparation of a variety of trust deeds. Covering both settlements and will trusts, the precedents are also provided on CD to support drafting.

A highly practical work covering all aspects of drafting settlements and will trusts from first principals and definitions of common terminology to types of trusts and their various uses

Covers the technical issues involved in drafting settlements, common mistakes and traps, which matters are essential to cover and matters which may safely be omitted

Includes a large selection of newly updated Precedents which are drafted in a straightforward, modern way

Precedents are accompanied with an explanation of why the text is there and the choices which need to be made

Written in an easy to understand style enabling the less experienced drafter to understand more complex issues

The book serves as a guide to the interpretation of Trust documentation

Second edition of the STEP provisions discussed in-depth and reproduced in Appendices

This is the principal guide to the legal profession as to what their clients/companies can claim for when they are the victims of a breach of contract, written by the author of Exclusion Clauses and Unfair Contract Terms, now in its 11th edition.

Features

Informs readers what their clients/companies can claim for when they are the victims of a breach of contract.

It explains and analyses the rule established in Hadley v Baxendale (1854), one of the most cited cases in the common law, including its refinement by the House of Lords (now the Supreme Court).

Outlines the development of all the relevant principles below through the substantial amounts of case law which govern them.

Analyses the principles of recovery for loss of bargain

Explains when recovery can take place for loss of profits.

Details when expenses incurred on reliance on the contract proceeding can be recovered following breach.

Covers recovery for damage caused.

Explains the duty on a party to mitigate loss in the case of a breach.

Clarifies the relevance of the innocent nature of the breach in question (or otherwise).

Goff & Jones is the leading work on the law of unjust enrichment. The first edition appeared fifty years ago, in 1966, and successive editions have played a major role in establishing the central importance of the subject for private and commercial law. The text is comprehensive in coverage and written by highly respected scholars who analyse and explain the principles governing claims in unjust enrichment, demonstrating how these principles have been applied through detailed discussion of case-law. The book is frequently cited in court and continues to set the agenda for future developments in the field.

The new 9th Edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Many chapters have been rewritten to take account of significant new cases, and their impact on topics including the valuation of enrichments, the recovery of benefits from remote recipients, the recovery of benefits transferred by mistake, the recovery of money paid as tax that is not due, and the content of the tracing rules and their significance for the award of proprietary remedies.

The 9th Edition of Goff & Jones: The Law of Unjust Enrichment deals with the following six key matters in relation to making a claim:

• Explains how a claim in unjust enrichment can be precluded where a defendant’s enrichment is mandated by a statute, judgment, natural obligation, or contract
• Analyses the principles governing the identification and valuation of enrichment, and explains how these apply to claims for different types of benefit
• Considers the requirement that a defendant’s gain has been acquired at the claimant’s expense
• Discusses the different grounds for restitution: lack of consent and want of authority; mistake; duress; undue influence and unconscionable bargains; failure of basis; free acceptance; necessity; secondary liability; ultra vires receipts and payments by public bodies; etc
• Examines defences including change of position; ministerial receipt; bona fide purchase; estoppel; counter-restitution impossible; passing on; limitation; legal incapacity; illegality
• Explicates in detail personal and proprietary remedies for unjust enrichment

Commentary on, and provision of, precedents for use by the commercial practitioner advising clients on a range of business transactions. Includes all the most common transactions with related precedents grouped at the end of each chapter. CD-rom also contains all the precedent material.

Main Features

Analyses agreements, basic principles, around the supply of goods and services

Taking into account important new case law decisions, Cohabitation and Trusts of Land takes a practical, simplified approach in setting out the complex issues encountered in cohabitation disputes. Containing procedural guidance, precedents, sample documents, checklists and clear explanations of the law, this work will enable you to quickly understand the options available.

Clear and detailed explanations of the legal concepts which apply in cohabiting family breakdown situations, including express trusts, resulting trusts, constructive trusts.

First the book explains the law and then covers the practice and procedure.

Step-by-step guidance to TLATA procedures encountered by family lawyers.

Includes practical civil court reference section, written for those practitioners more familiar with the family court.

Sets out common procedures for preparing and making applications and explains the relevant cases and law.

Checklists and bullet-point lists covering procedure and other relevant considerations for the practitioner

Includes sample copies of the relevant forms and precedents, with advice on how to use them.

Section examining the authorities and awards which have been made to guide practitioners on likely outcomes in particular circumstances, and cite in support of application.

Analyses the principles on which claims to property rights under constructive and resulting trust are based, including analysis on the doctrine of proprietary estoppels.

Examines the basis on which undefined property rights are quantified

Details the provisions of the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) and Schedule 1 of the Children Act 1989 outlining orders the court can make, who may apply and what the court must consider

Easy to use digest of leading cases in this area including summary of main issues involved.

Uniquely brings together the issue of cohabitation and the Trusts of Land Act in a way no other publication does.

Covers Alternative Dispute Resolution

New to this edition:

A new chapter on Cohabitation Agreements

Augmentation of Practice and Procedure to include a specific precedents section and the “Jackson” reforms

A new chapter on Alternative Dispute Resolution (ADR) including mediation

Includes guidance on applications before the Property Chamber, First Tier Tribunal

Occupation Orders now covered

A new chapter on Third Party Interests – Intervening in Applications for Financial Provision

A new chapter on applications by Cohabitees under the Inheritance (Provision for Family and Dependants) Act 1975

Powers of Attorney is the definitive work providing clear guidance on the creation, interpretation and use of powers of attorney. Written in a succinct and straightforward manner, it provides everything needed to operate effectively in this area of the law. Beginning with an explanation of the scope of powers of attorney, it goes on to examine the duties of the parties involved, before looking at specific situations in which powers of attorney can be used.

The new 11th edition has been updated throughout to reflect recent developments in legislation and case law.

Clarifies the role, powers and duties of donor, attorney and third parties

Shows how powers of attorney are used in different situations, including land and companies

Advises on drafting issues

Includes forms and precedents

Explains how powers of attorney interact with trusts law

Covers lasting powers of attorney and examines the key case law since their introduction in 2007

Reproduces relevant statutes, statutory instruments and rules, so they can be consulted easily

Hewitt on Joint Ventures 6th edition examines transactions where two or more existing companies agree to establish and participate in a common enterprise or business-related activity. It identifies the principal issues raised by a range of transactions, sets out the relevant background law and suggests ways of dealing with issues that arise.

Hewitt on Joint Ventures is written in a clear and practical way covering a range of specialist areas of law affecting joint ventures alongside useful checklists and precedents. To provide detailed commercial guidance whilst being tailored for the practitioner.

Coverage:

Provides in-depth examination of all aspects of joint ventures and a range of collaborative relationships

Covers the practicalities involved in the drafting, negotiating and setting up of joint ventures

The only dedicated book on the inner workings of the Intellectual Property Enterprise Court. A must-have for practitioners seeking guidance on the key features and relevant materials of the court to help clarify its procedures and choose the best avenue for dispute resolution.

• Practical guide to the procedures and practice of the Intellectual Property Enterprise Court.
• The only book in the market dedicated exclusively to the IPEC.
• Provision of clear advice outlining the most appropriate options for cost-effective dispute resolution.
• Covers pre-action matters and applicable special considerations to help determine if the IPEC is the right forum for your case.
• Exhaustive coverage of the issuance of proceedings, illustrating the key differences between the IPEC and the High Court.
• Detailed look at case management and the conduct restrictions of the court, making it essential reading for litigants.
• Examines the application procedure, the principles relating to specific disclosure, trial conduct, and the rules of appeal and judgment enforcement.
• Comprehensive analysis of the IPEC’s costs rules and the cap on recoverable costs.
• Dedicated chapter on the small claims track examining the eligibility of claims, proceedings, costs, and the appeals process.
• Additional commentary on the history of the IPEC and its jurisdictional coverage.
• Looks at the administrative procedures for domain names and company names.
• Highly practical in its content and language, with the inclusion of diagrams of the schedule of costs, sample statements for patent actions, and draft codes of practice for pre-action conduct.

New to this Edition:
• Updated throughout to take into account the increasing number of reported decisions at the IPEC to further illustrate the court’s approach to unique procedures.
• Guidance on costs caps has been updated and changes to the Part 36 regime are covered.
• The chapter on the small claims track has been expanded to acknowledge the increasing number of cases being heard and the growing interest in this forum.
• The section on pre-action considerations now reflects the developing case law on costs, as well as new court issue fees.
• New rules on pre-action correspondence now included.
• Review of the IPEC’s approach to case management, with additional discussion of case management orders relating to inquiries and accounts.
• Analysis of how the court is handling issues of quantum in trials.
• Appendices now include the IPEC Small Claims Guide

Goode on Payment Obligations in Commercial and Financial Transactions is the essential text when looking for clear and in depth answers when dealing with issues arising from monetary obligations. Shedding light on numerous areas of payment this title offers insight into familiar problems providing you with the solutions you need.

Covers all forms of payment obligations from the definition of money and payment through to international inter-bank transfers and foreign money obligations.

Offers new insights into familiar problems by rigorous analysis of underlying legal principles

Analyses the key concepts of money, payment, obligation to pay, the right to payment and defences/remedies regarding payment claims.

Explains the stipulations regarding time and interest – express and implied terms regarding time, the impact of termination of contract and the acceleration of liability

Delivers robust views on complex and important areas such as compound interest, payment to an agent, recovery of exchange rate losses and foreign illegality

Powers of Attorney is the definitive work providing clear guidance on the creation, interpretation and use of powers of attorney. Written in a succinct and straightforward manner, it provides everything needed to operate effectively in this area of the law. Beginning with an explanation of the scope of powers of attorney, it goes on to examine the duties of the parties involved, before looking at specific situations in which powers of attorney can be used.

The new 11th edition has been updated throughout to reflect recent developments in legislation and case law.

Clarifies the role, powers and duties of donor, attorney and third parties

Shows how powers of attorney are used in different situations, including land and companies

Advises on drafting issues

Includes forms and precedents

Explains how powers of attorney interact with trusts law

Covers lasting powers of attorney and examines the key case law since their introduction in 2007

Reproduces relevant statutes, statutory instruments and rules, so they can be consulted easily

Provides a practical treatise on the law of suretyship in modern commercial practice. It includes analysis of the factors affecting the validity of the guarantee such as duress and undue influence and the liability of the lender for the acts of the principal borrower.

Clerk & Lindsell on Torts is the definitive work and market leader in this area of law. It offers the most comprehensive coverage of the subject, providing indispensable access to current, frequent and unrivalled authoritative information on all aspects of tort law.

The 2nd supplement features:

Decisions of the Supreme Court in:

• Mohamud v Wm Morrison Supermarkets Ltd on the “close connection” test for vicarious liability where the employee has committed an assault

• Cox v Ministry of Justice on the vicarious liability of prison authorities for the negligence of prisoners who perform remunerated tasks

• Kennedy v Cordia (Services) LLP on the duty of employers to conduct risk assessments as part of the duty of care owed to employees

Important decisions handed down by the Court of Appeal, including:

• Greenway v Johnson Matthey plc where it was held that sensitisation to platinum salts does not constitute a personal injury where it does not produce symptoms; the claimants’ inability to work in their previous job was pure economic loss

• Dunnage v Randall on the objective nature of the standard of care in negligence where the defendant’s conduct is the product of a mental disorder

• Heneghan v Manchester Dry Docks Ltd holding that the Fairchild causation test of material contribution to the risk of damage applies to cases of lung cancer caused by exposure to asbestos where there are multiple tortfeasors

Discusses the principles of unitisation and unitisation agreements, and considers pooling and other joint development options, pre-unit agreements, UUOA and JOA relationships, principles of petroleum lifting and commingling, balancing agreements, title interests, allocation and attribution/substitution agreements

Advises on petroleum management contracts including those for provision of petroleum processing and operational services; third party access to infrastructure, project structures for gas liquefaction and LNG regasification, contracts for terminal access and provision of services

Looks at project structures for gas liquefaction and LNG regasification, contracts for terminal access and provision of services

Deals with oil, gas and LNG sales contracts dealing in detail with their respective terms

Goes through shipping contracts, including ship leasing, time and voyage charter-party terms, contracts of affreightment and bills of lading

Conflicts of Interest provides authoritative guidance on the law relating to conflicts of interest in all its dimensions, from client conflict and personal conflict to commercial and judicial conflict. It explains in detail the current legal position in various professional sectors (lawyers, accountants, the City, directors, estate agents and insurance brokers). The expert authors provide guidance on avoiding potential conflicts of interest while providing practical advice and remedies for any that do arise.

Now fifteen years since the publication of the first edition, this title continues to be a trailblazer in this highly topical and continually developing legal area. With the increasing internationalization of law firms - one result being that branches of the same firm in different countries might be called upon to act for opposing clients - actual and potential conflicts of interest are on the increase.

Whilst providing an authoritative guide to the law relating to all aspects of conflicts of interest, this title also offers practical guidance on how the problems and risks of conflicts of interest can be avoided or reduced and provides strategies for assessing and managing conflict situations.

Elliott & Wood, a leading sourcebook in the field of Criminal Law, provides a wide collection of cases, statutory provisions, extracts from articles and comments designed to define and illustrate the main principles. By placing the emphasis on the cases and materials, using text for introductory and explanatory purposes and providing questions for reflection, Elliott & Wood assists readers to think more deeply about the law.

Presents an extensive collection of cases, statutory provisions, recently published articles and comments designed to define, explain and illustrate the main principles of criminal law

The law is explained by means of extracts from cases, relevant materials and statutes. There are introductory sections and explanatory sections linking the cases and materials. Questions are used to assist readers think more deeply about the law and to highlight areas where the law is unclear.

Places the emphasis on the cases and materials, using text for introductory and explanatory purposes

Uses notes and questions to assist and stimulate students

Incorporates a wealth of important key case law

Includes coverage of the latest statutory developments

Michael Allen is well placed to comment on Criminal matters as former Commissioner at the Criminal Cases Review Commission.

Simon Cooper, Senior Lecturer at Salford, is best placed to guide the text to match course outlines.

This new edition features key updates since publication of the previous edition.

One of the strongest justifications for this publication remains the fact that the examined doctrine is one of the most complex areas of modern law and requires clarification, for barristers who specialise in it and solicitors or other practitioners who from time to time need guidance in this area.

Estoppel precludes a person from denying the truth of a statement. There are different kinds of estoppel: by record, by deed, by representation, promissory etc.

Estoppel by conduct and election examines Estoppel in its commercial context looking at the general principles as well as the particular relationships which in which estoppels can arise. It benefits greatly from an in-depth examination of underlying case law actively demonstrating how principles are dealt with in the court.

COVERAGE

Covers a complex area in depth, explaining the general principles and application to practice areas

Written by a respected judge, an expert in this field and a proven author

Covers different types of estoppel – promissory estoppel, estoppel by representation, and proprietary estoppel and by convention

It examines the different relationships in which estoppel can arise, e.g. principal and agent, landlord and tenant, bailor and bailee, licensees of IP and bank and customer

Inspects estoppel in different transactions from companies, insurance and insolvency

Illustrates how estoppel works by in-depth analysis of case law

Examines estoppel under both common law and statute

Deals with procedural matters and shows how estoppel can be used as a defence

New to Edition

There are significant updates on the subject of Proprietary Estoppel. Including Estoppel by encouragement, Estoppel by Standing by, estoppels as an equitable cause of action, estoppels by representation etc

Quasi Estoppel and Equitable defences will also be freshly examined including consent to breach of trust

There will be a major update on Promissory Estoppel, including a fresh approach on The Nature of promise, knowledge of rights, intention to affect legal relations and causation

E-disclosure has emerged as a new and important facet of disclosure, as noted by Lord Justice Jackson in his Report on Civil Litigation Costs. It is now seen as inevitable in many cases, rather than an optional course for parties. It is therefore hugely important for judges, solicitors and counsel to have a fully detailed and up-to-date understanding of the process, the ever increasing and developing technology available and how it functions.

The author ensures that this insight is easily found in his Handbook – using reader-friendly language to explain the technology involved, starting with basic concepts and developing an understanding of some of the more advanced analytical systems. The text advises lawyers on how to communicate confidently with business clients’ IT departments, e-discovery vendors and indeed experienced judges, with a technological understanding and a vocabulary to match. The Electronic Evidence and E-Disclosure Handbook:

•explains where relevant data may be found

•demonstrates what software tools exist and what they do (in terms of collecting, processing, reviewing and analysing the data)

•explains what practitioners can save in terms of cost and time – with screenshots of a number of e-disclosure software tools, showing how data is actually displayed on-screen to enable lawyers to search and review

The text goes on to guide the reader through the disclosure obligations under CPR part 31, in particular Practice Direction 31B, including essential points on:

•advising the client on the need to preserve data and the implications of preservation on business operations

•preparing for the first CMC, including how to conduct the required discussions on technology and disclosure

•how to avoid sanctions being imposed against the client and against the lawyer for disclosure failures

The Electronic Evidence and E-Disclosure Handbook is a complete text and looks beyond UK jurisdictions. The author tackles issues which can arise when relevant data are stored in foreign jurisdictions, and also provides an understanding of the legal, practical and technical issues that can arise when transferring electronic data into and outside the England and Wales jurisdiction.

As Lord Justice Jackson remarked in his foreword to the Handbook: ''I anticipate that it will become the vade mecum for any lawyer conducting heavy civil litigation''.

Criminal evidence is an area of the law that is both highly complex and rapidly changing. All criminal practitioners must have a clear understanding of the principles and practice of the relevant rules of evidence. The sixth edition of May on Criminal Evidence provides just such an understanding. The Criminal Justice Act 2003 made enormous changes to much of the law on criminal evidence and that, combined with the extent of amending and subsequent legislation and case law, means that access to a comprehensive account and analysis of the present-day law is essential for criminal practitioners. Another development has been the growing importance of the European Convention on Human Rights and its application to the law of England and Wales. The principles of the Convention and their analysis by the European Court of Human Rights at Strasbourg are now embedded in English law and practice and are deftly interwoven into the text of this edition. Recent developments in case law and legislation in all areas of criminal evidence are also covered.

The meaning and classification of evidence; best evidence; admissibility and relevance; real evidence; documents

Boilerplate: Practical Clauses, 7th Edition covers the commonly used Boilerplate clauses for commercial contracts. This compendium of boilerplate clauses in common use also features detailed analytical commentary on each clause, together with advice on its application.

COVERAGE

Offers a comprehensive range of boilerplate clauses to use in situations encountered when drafting commercial agreements

Provides guidance on when and how to use each clauses of benefit both to the experienced and more novice draftsperson

Identifies and explains relevant legislation in relation to boilerplate clauses used in drafting

Incorporates references to key case law and assesses its implications

Provides alternative clauses/wording to best meet client requirements

Gives analysis of clauses so that the implications of their use are made explicit

All the clauses are also provided on a CD-rom for ease of use to readers

Covers all standard warranties

Covers exclusions of liability

Provides whole agreement and variation clauses

Gives clauses for contracting and the internet

Examines the impact of cloud computing on the obligation to safeguard confidential information

Analyses the provisions and impact of the new EU Consumer Rights Directive, particularly in relation to trading over the internet

Provides a discussion of the latest cases on the Unfair Terms in Consumer Contracts Regulations

Considers the legal effect and drafting of whole agreement clauses and exclusion of liability for precontract misrepresentation in the light of the Court of Appeal decisions in Springwell and AXA

Discusses signature of contracts and completion of transactions by electronic means

Provides a detailed discussion of and analysis of the relevant cases relating to the Eisudem Generis Rule

Covers the latest cases relating to non-binding heads of agreement

Studies the provisions and impact of the new EU Directive on late payment of debts

Provides comprehensive guidance on how to deal with situations where a mistake has been made in the drafting of a legal document to the detriment of a client

Unravels the complex legal principles in this area and explains the remedies available

Covers rectification by construction and by way of the remedy of rectification

Discusses rectification remedies in various fields of law, including commercial, Chancery, property, pensions and general civil litigation

Shows how best to advise clients on the merits of bringing a claim for rectification to court

Explains how to litigate a claim and how to defend against one

Advises on how to settle rectification litigation

Analyses the key judgments in this area in recent years, both English decisions and those from other common law jurisdictions

Looks at documents where special considerations apply

Includes precedents for use in court proceedings

New to this edition:

A major new chapter on the concept of a common accord

New sections on duty of care, estoppel by convention, the rectification of the land and company charges registers, motor insurance policies and statutes, alternative claims for rectification for common and unilateral mistake, unopposed applications, court orders and private hearings

New appendices digesting cases on the rectification of wills and trusts and pension scheme documents

Detailed consideration and analysis of the Court of Appeal’s decision in Daventry District Council v Daventry & District Housing, including reference to academic and extra-judicial commentary thereon and subsequent authorities addressing the objective approach to the common intention required for common mistake rectification

Consideration of Lord Hoffmann’s latest contribution to the issue of common intention in the Hong Kong case of Kowloon Development Finance v Pendex Industries

Detailed consideration of Marley v Rawlings, the first case on the rectification of wills to reach the Supreme Court

Commentary on the Court of Appeal’s decision in Day v Day on the rectification of unilateral instruments

Discussion of the correction of mistakes in publicly accessible documents following the Court of Appeal’s decision in Cherry Tree Investments v Landmain

Consideration of the many new cases decided since the first edition in 2010

A new foreword by Lord Justice Briggs who decided Chartbrook v Persimmon Homes at first instance

Injunctions is a concise and practical guide to the subject of injunctions, with particular emphasis on procedure. The decision to grant or refuse an interim injunction will often be determinative of the whole dispute.

Injunctions:

Covers the full range of injunctions in one volume.

Provides a concise and practical guide with particular emphasis on explanation of procedure.

Sets out what remedies are available and to which situations they are best suited.

Covers all matters of jurisdiction and the discretionary powers of different courts.

Fully explains the criteria for both permanent and interim injunctions.